At a General Assembly begun and held at Halifax on the eighteenth day of January, in the year of our Lord one thousand seven hundred and eighty one, and in the fifth year of the independence of the said State: Being the third session of the Assembly of 1780. Abner Nash, Esq., Governor.

CHAPTER I.

An Act to regulate and establish a Militia in this State.

I. Whereas a well regulated militia is absolutely necessary for the defending and securing the liberties of a free State;

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the militia of this State shall consist of all the effective men from sixteen to fifty years of age inclusive (except Quakers, Menonists, Dunkards, and Moravians) and shall be divided into six brigades, one in each of the districts of Edenton, Newbern, Wilmington, Halifax, Salisbury, and Hillsborough, each brigade to be commanded by a brigadier general; the militia of each county to be formed into one or more regiments, each under the command of a colonel, lieutenant colonel and two majors; every regiment shall be divided into companies of fifty rank and file at least, two sergeants, two corporals, one drummer and fifer, and each company to be under the command of a captain, lieutenant, and ensign; and that every company shall stand divided into four divisions, and serve according to the first, second, third, and fourth numbers, as they have heretofore been drawn and numbered under an Act, intituled, “An Act to establish a militia in this State.” Provided nevertheless, that where any militia man in this State shall remove himself out of one company into another, he shall produce a certificate from the captain of the company from which he came, setting forth the division to which he belonged, and the duty he has performed in that division, and the captain of the company to which he came shall cause him to be enrolled in the division he stood in before his removal; and if any person so removing shall fail to produce such certificate, when thereto required by the captain of the company to which by his removal he shall or may belong, such captain shall cause the person so failing to be enrolled in the division then liable to be called into service, and shall serve accordingly.

III. And be it further enacted, that any militia man removing from any other State, and becoming an inhabitant or resident within the bounds of any captain's company within this State, it shall and may be lawful for such captain, and he is hereby required, within six days after the arrival of such militia man into his company, to enter him upon the muster roll of said company, and number and class him by lot; and such militia man so enrolled and classed, shall serve accordingly.

IV. And be it further enacted, by the authority aforesaid, that every captain shall, on or before the tenth day of April next, and once in every six months afterwards, return a muster roll of his company, divided and numbered as aforesaid, to the commanding officer of the regiment, under pain of forfeiting one thousand pounds for every default; and the commanding officer of each regiment shall make an exact return from such

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list, within twenty days after receiving the same, to the brigadier general of the district, under pain of forfeiting two thousand pounds for every default.

V. And be it further enacted, by the authority aforesaid, that the commanding officer of every regiment shall once in every year, and oftener, if required, by the brigadier general of the district, order a general muster at the court house of their county, or such other place as is or may be appointed by law, under pain of forfeiting two thousand pounds for every default; and every captain shall muster and train his company, divided as before directed, once in every two months, and oftener if directed by the commanding officer of the regiment, under pain of forfeiting two hundred pounds for every default; and every soldier neglecting or refusing to attend the general muster shall forfeit the sum of one hundred pounds, and if at a private muster fifty pounds; to be recovered as herein directed.

VI. And be it further enacted, by the authority aforesaid, that the brigadiers general respectively shall return an exact roll of all the officers and soldiers of their brigades, distinguished into their proper companies and divisions, to the governor, once in every year, and oftener if required, under the penalty of five thousand pounds for every default.

VII. And be it further enacted, by the authority aforesaid, that each militia soldier shall be furnished with a good gun and shot bag, and powder horn or cartouch box, and havre sack; and every soldier neglecting to appear at any muster accoutred as above, shall forfeit for every such offence ten pounds, if at a general muster, and five pounds if at a private muster, unless he can make it appear they were not to be procured, to be recovered as other fines: And when any person shall appear to the field officer not possessed of sufficient property to afford such arms and accoutrements, the same shall be procured at the expence of the county, and given to such persons on muster days, or when ordered into service; which guns and accoutrements, after such service, shall be returned to the captain of the company, and by him carefully preserved for future occasions. And whenever the militia are called into service they shall be allowed as follows: One baggage waggon, or two carts, for the field officers of every regiment, two waggons, or four carts, for the captains and subalterns of each regiment, and two waggons, or four carts, to each company, if necessary, each waggon, with four horses, to be allowed one hundred pounds per day, and to be found forage and shoes for their horses; and where any waggon is taken or impressed into the public service, the owner of the said waggon finding a driver, who shall continue in service during the space of three months, unless sooner discharged, shall be considered as having served a tour of duty, and shall be intitled to the pay and rations of a militia soldier while in service; ammunition waggons at the discretion of the brigadier general, the same rations to men and officers as allowed to the continental army, to be supplied by commissaries appointed by the brigadier, one bell tent to each company, intrenching tools, six axes, and a sufficient number of camp kettles, to be furnished by the commanding officer of each regiment; and the pay of the men and officers as follows, viz. A Colonel per day forty pounds, a brigadier general per day one hundred pounds, lieutenant colonel thirty six pounds, a major thirty-six pounds, a captain twenty-eight pounds, a lieutenant twenty four pounds, a surgeon thirty six pounds, an adjutant twenty eight pounds, an ensign twenty pounds, a sergeant seventeen pounds, a corporal, drummer and fifer, fifteen pounds, a brigade quarter master captain's pay and rations, a deputy brigade quarter master lieutenant's pay and rations, each rank and file man thirteen pounds; and each brigadier to be allowed one baggage waggon.

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VIII. And be it further enacted, by the authority aforesaid, that there shall be one quarter master to every brigade, who shall be appointed by the brigadier general, with power to appoint deputies; and every colonel or commanding officer of a battalion shall appoint a quarter master to attend the same, or any detachment thereof, when ordered into actual service, to continue only until such battalion or detachment shall join the brigade of which it shall be a part: And every quarter master so appointed shall keep a book, wherein shall be entered an exact copy of all certificates and receipts he may give for articles imprest or bought, and not paid for, and shall return on oath the said account, together with all expenditures, to the next Assembly, or to the board of auditors, within one month; and any quarter master failing therein, shall forfeit and pay the sum of two thousand pounds, to be recovered and applied as other fines in this act hereafter directed.

IX. And be it further enacted, by the authority aforesaid, that there shall be twenty five light horse men, and no more, from each regiment, to be arrayed in one or more companies when they shall have joined the brigade, at the discretion of the brigadier general; and that each and every light horse man shall provide himself with a horse sufficient for the service, and accoutrements, and shall have the same bounty as a foot soldier, and twenty pounds per day, together with forage and shoes for his horse: And a chaplain may be appointed by the brigadier general to each brigade, to be approved of by the field officers of each brigade; which chaplain shall have the same pay and rations as a colonel, and be allowed forage for his horse.

X. And be it further enacted, that no officer or soldier in the militia service shall be tried for any offence against the militia law, or the articles of war, except by a court martial composed of militia officers.

XI. And be it further enacted, that no brigade, regiment, or division of militia, shall be under the command of any but militia officers, except when such militia shall be ordered by the civil power to join the continental troops; in which case the continental officer of equal, and the militia officer of superior denomination, shall command.

XII. And be it further enacted, that such division as shall at any time be called into service, shall be formed into companies of not less than fifty rank and file, with a proportionable number of officers, sergeants, corporals, fifers and drummers; and all the officers of each regiment shall agree among themselves who shall command the men directed to march into actual service, but if they cannot agree, the commanding officer shall cause lots to be drawn, and the officer on whom such lot shall fall, shall command in their proper rank and department, and such draft of officers shall be previous to the draft of the soldiers; and if any officer shall resign prior to the draft of the militia soldiers aforesaid, such officer shall be placed in the division then liable to a draft; and if any officer on whom the lot of commanding as aforesaid may fall, should resign his command before the expiration of the service, such officer shall forfeit and pay the sum of ten thousand pounds to be applied and recovered as other fines are herein directed. Provided, that nothing herein contained shall extend, or be construed to extend, to bar any officer or officers to resign his or their office before any alarm or orders for raising men, without incurring any penalty by this act inflicted.

XIII. And be it further enacted, by the authority aforesaid, that whenever a draft shall be ordered, that the captain, or one of his superior officers, shall forward on the drafts detached from his company respectively

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to the place of rendezvous, on the day appointed for the drafts to rendezvous, and deliver them to the officer attending to take charge of said men: and further, that each captain shall at the same time send forward all such delinquents as may be lurking within the limits of his command.

XIV. And be it further enacted, that any militia man hereafter drafted shall be obliged to serve, or find an able bodied man in his room. Provided, that the governor, the speakers of both houses of the assembly, justices of the superior courts of law, attorney general, quakers, moravians, menonists, and dunkards, and continental delegates, shall be exempted from a draft; and that justices of the peace, public secretary, members of the council of state, ministers of every denomination regularly called, and having the cure of souls, treasurer of the loan office, physicians, surgeons, continental post-masters and post-riders, shall not be obliged to attend general or private musters, but shall nevertheless be subject to a draft.

XV. And be it further enacted, that for all defaults at private musters, if the delinquent shall fail to appear at the next succeeding muster, and shew sufficient cause for such default, the captain shall issue his warrant to the sergeant for levying the above fines by distress on the delinquent's goods and chattels, and the fines so collected shall be applied towards procuring arms for such as have not sufficient property to procure such for themselves. Provided, that where any person shall fail to appear at any private muster, and the captain of the company may suspect such person of having an intention of removing himself out of the county before the next succeeding muster, in such case it shall and may be lawful for the captain to issue a citation against such defaulter, requiring him by a certain day, not exceeding ten from the date thereof, to appear and shew cause, if he can, why the fine should not be levied; and if he shall fail to appear, or appearing, to make sufficient excuse, he shall be subjected to the same proceedings as if he had failed to make excuse at the succeeding muster: And every person who shall think himself aggrieved may complain to the next court martial, and if the said court shall think he was unjustly fined, they shall order the money to be refunded, if paid, and if any security has been given, that the same be released; and if any person shall withdraw himself, or abscond from the company to which he belongs, after being lawfully drafted, or shall desert his colours when on actual service, such person shall be held and deemed a continental soldier during the war.

XVI. And be it further enacted, that there shall be a court martial held the day after every general muster, to be composed of one field officr and six captains or subalterns at least; which said court shall have full power to inquire into all abuses, neglects and omissions, as well by any officer or soldier, to hear and determine all appeals whatever, and to dispose of all fines for the use of the county; and the said court is hereby directed and required to keep a register of all their proceedings, and for that purpose to appoint a clerk, and allow him a reasonable salary out of the fines.

XVII. And be it further enacted, that the captain or commanding officer of each militia company within this State shall cause a court of inquiry to be held previous to any draft, which court shall consist of the three commissioned officers of the company, and two freeholders, chosen by a majority of the company; and they, or a majority of them, shall hear and determine all complaints respecting the age or inability of any person within their company. Provided nevertheless, if any person shall think himself aggrieved by the determination of the said court, he shall have

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the right of appeal to the regimental court martial, he first giving bond and security to prosecute such appeal with effect.

XVIII. And be it further enacted, that if any soldier shall, during the time of any muster, insult or resist his commanding officer, or refuse his lawful commands, such soldier shall and may be taken into custody by order of the commanding officer, and shall pay such fine as his said officer shall assess, not exceeding the sum of two hundred pounds if at a private muster, or four hundred pounds if at a general muster. Provided nevertheless, that such offending soldier shall have the right of appealing to the succeeding court martial to be held for his county, he first giving bond and security, in double the sum assessed, to the commanding officer, that he shall well and truly prosecute the appeal with effect; and if the said offending soldier shall fail in his appeal, it shall and may be lawful for the said court martial to confirm such fine, with costs, at their discretion.

XIX. And be it further enacted, that if any soldier shall neglect or refuse to appear when drafted, or otherwise called into actual service, or fail to deliver an able bodied man in his room to the commanding officer of the county to which such drafted person may belong, and procure a certificate for the delivery of his substitute (which the commanding officer is hereby required to give) and if any person fail in the above, after having five days previous notice, or appearing refuses to march, it shall and may be lawful for the commanding officer of the regiment to which such delinquent belongs, and he is hereby required, immediately to hire a substitute in the room of such delinquent; and if the delinquent shall be possessed of property sufficient to discharge the hire of the substitute, the said commanding officer is hereby required to make public sale of the goods and chattels, lands and tenements, of the person failing, or so much of them as may be sufficient to discharge the hire of the said substitute, and accruing costs; and the said substitute, when procured, shall be subject to the same rules and discipline, and shall be obliged to serve the same time, that the person whose substitute he may be would have been, had he appeared and marched agreeable to this law; and in case no property can be found, the said delinquent shall be held and deemed a continental soldier for the space of twelve months; and any person taking said delinquent, and delivering him to any gaoler of the nearest district gaol, shall be intitled to receive from this State the same pay and allowance as is given for taking up a deserter from the continental service; and any person procuring such substitute to serve in his room, shall be exempt from that tour of duty, and shall not be again called into service until by rotation it shall again come to his turn. Provided nevertheless, that no apprentice, foreigner, British or Hessian deserter, Indian, negro slave, or any person liable to be called into service the next draft, shall be received as a substitute; and if the substitute shall desert before the tour expires, the person so hiring shall be liable to serve the residue of the tour, either personally or by another substitute, with the next draft.

XX. And be it further enacted, by the authority aforesaid, that all young men, on arriving at sixteen years of age, and being entered on the muster roll, shall not be subject to a draft, until the class most remote or distant in rotation from the class from which the first draft after such young man's being respectively entered on the muster roll as aforesaid, is to be made.

XXI. And be it further enacted, that if any officer or soldier, when in actual service, shall wilfully disobey the lawful commands of his superior or commanding officer, it shall and may be lawful for such his commanding officer to cause him to be arrested, if an officer, and if a soldier, held in

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safe custody, until a court martial shall be held over such offender, the said court not to consist of less than one field officer, three captains, three lieutenants, and three ensigns, or a majority of them, from the regiment to which such officer or soldier shall belong; and such offender shall suffer such punishment as said court martial shall direct. Provided always, that if the offender shall be an officer, he shall not be subject to any corporal punishment, and whether an officer or soldier, he shall not be subject to the loss of life, limb, or member, unless for mutiny or desertion; in which case the offender shall suffer death, or such other punishment as the court martial shall judge proper to inflict.

XXII. And be it further enacted, that no officer or soldier going to, continuing at, or returning from any muster in any reasonable time, shall be liable to be arrested by any officer in any civil action or process whatever; any law, usage, or custom, to the contrary, notwithstanding.

XXIII. And be it further enacted, that in all cases where it shall be requisite to administer an oath relative to any military matters, any field officer or captain is hereby required to administer the same.

XXIV. And be it further enacted, that no officer or soldier of the militia or regulars in this State shall press any waggon, cart or horse, arms or other things, of any nature whatsoever, unless authorized thereto by warrants under the hands and seals of two justices of the peace (not being militia officers then in actual service) of the county where such press shall be necessary; and any officer or soldier before he shall press any thing as aforesaid, shall demand the same peaceably from the owner or possessor thereof, and in case of refusal, shall produce his warrant aforesaid before he proceeds to impress; and if the owner or possessor shall still refuse the thing demanded, it shall be lawful to impress the same; and every officer or soldier who shall offend against this Act, shall forfeit and pay two thousand pounds for every such offence to the person injured, or to any person who shall sue for the same, and shall also be liable to the action or actions of the party grieved, to be recovered before any jurisdiction having cognizance thereof: And every thing so pressed or obtained shall be valued by two freeholders on oath, and a certificate of the valuation given by such valuers to the owner or possessor from whom the same shall be pressed or obtained; and the officer or person receiving such articles shall give a receipt on the back of the certificate for the same, in order that if the same shall not be restored to the owner or possessor, he may be allowed such valuation by the public.

XXV. And be it further enacted, by the authority aforesaid, that if any person shall conceal any waggon, cart, horse or other thing, after being lawfully impressed, with intent thereby to deprive the public of the use thereof, every person so offending shall forfeit the thing so concealed, or the value thereof, to the use of the public.

XXVI. And be it further enacted, by the authority aforesaid, that when any brigade shall be ordered into actual service, the following rules and regulations shall be observed. One waggon master shall be appointed to every twelve waggons, and the commanding officer shall continue or discharge the same at his discretion, which waggon master, before he enters upon his duty, shall take an oath that he will faithfully execute the said office; and the commissaries shall every morning make a return to the waggon master of the provisions, which the waggon master having examined and compared, shall return signed and certified to the commanding officer; and the waggon master shall attend as his special duty to the arrangement of the waggons, taking care that every morning no more begin

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to march than one for every ton of provision, except one, and the remainder shall be discharged, except otherwise ordered by the commanding officer, each waggon having first obtained a certificate from the waggon master, setting forth the weight carried, the number of days in service, the place where discharged, the forage due, and the distance to return; and for every twenty miles of such return each waggon shall be allowed one day's pay, and half the sum shall be allowed for such carts as shall be employed in the service; and every waggon master shall be allowed the pay and rations of a captain: Also that there be a paymaster appointed to each brigade, who shall attend to the same, and be allowed a major's pay and rations; and he shall produce as vouchers receipts from every officer and soldier who shall appear on the muster roll of the brigade to which he belongs, for such sums as he shall pay away.

XXVII. And be it further enacted, by the authority aforesaid, that when any militia man shall hereafter be called into actual service, he shall not be compelled to serve more than three months from the time of his arrival at head quarters, or joining any division or post, by order of the commanding officer then in the field, at any one time; and in case the commanding officer shall deem it necessary to discharge the militia before their having performed three months service, the time such militia has served shall nevertheless be considered a tour of duty, and every militia man being so discharged, shall not be again called into service until it comes to his turn by rotation.

XXVIII. And be it further enacted, that the divisions made for drafting the militia in the several counties in this State, according to a resolve of Congress, passed at Halifax in May, one thousand seven hundred and seventy six, shall continue; and the persons who have in pursuance thereof been drafted, or voluntarily served a tour of two months or upwards in the militia service of this State at any one time, shall not be again drafted or called into service until, according to the order of the said division, it shall in rotation come to their turn; any thing in this Act contained to the contrary notwithstanding.

XXIX. And be it further enacted, that if any militia officer shall fail or neglect to call his regiment, company or corps, together, or to exercise, discipline, and train the same, when assembled, in manner as by this Act is directed, such officer so failing or neglecting as aforesaid shall forfeit and pay as follows: A colonel commandant the sum of one thousand pounds, a lieutenant colonel one thousand pounds, a major one thousand pounds, a captain five hundred pounds, a lieutenant three hundred pounds, and an ensign the sum of two hundred pounds; which several penalties and forfeitures may be sued for and recovered by action of debt, bill or plaint, before any jurisdiction having cognizance thereof, with costs; one moiety whereof shall be paid to the brigadier general of the district, to be applied towards purchasing arms and other warlike stores for the use of the county where the forfeiture shall be, and the other half to the person who shall sue for the same.

XXX. And be it further enacted, that every militia officer, before he enters upon the execution of his office, shall take the oath appointed for the qualification of public officers, and also the following oath, viz.

I, A. B., do solemnly swear, that I will execute the office of —— to the best of my skill and abilities, without favour, affection, or partiality, and according to law. So help me God.

XXXI. And be it further enacted by the authority aforesaid, that where any invasion or insurrection shall happen within this State, that the

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nearest militia officer shall give immediate notice thereof to the commanding officer of the county, who shall communicate the same as soon as may be to the brigadier general of the district, who shall convey the same to the Governor or commander in chief; and in the mean time every such officer shall use his utmost endeavours to collect a force sufficient to repel the enemy, or suppress the insurrection; and every officer failing herein shall forfeit and pay the sum of two thousand pounds, to be recovered and applied in the same manner as other fines by this Act inflicted, and be put in the ranks on the division next liable to be called into service; and every soldier refusing in such case to appear and march for the repelling the enemy when called upon by his immediate commanding officer, shall forfeit the sum of one thousand pounds; and if he has not property whereon the same may be levied, then, and in that case, he shall be held and deemed a continental soldier for the space of three months.

XXXII. And be it further enacted, that every sergeant, for levying any fine for not attending at a general or private muster, and for not appearing properly equipped, shall have and receive the following fees, viz. For nonattendance four pounds, for not being equipped two pounds, and such further allowance as the court martial may deem reasonable, to be paid out of the said fines: And when any apprentice, servant or minor, shall absent himself from militia duties, he shall be subject to the penalties by this Act directed for offences of the same nature; and if by this Act such offences are made subject to a fine or fines, such fine or fines shall be levied by distress upon the effects of the master or mistress of such servant or apprentice, or upon the effects of the parent of such minor, or of his guardian, in case he shall be an orphan.

XXXIII. And be it further enacted, by the authority aforesaid, that when the militia of this State shall be ordered into service, the commanding officer shall receive a tent for every six men under his command from the commissary of stores; and after the expiration of such service, the commanding officer shall return the tents, together with all pots, camp kettles, axes and other tools, to the colonels of their respective counties, where all such articles shall be carefully preserved by him for further occasions.

XXXIV. And be it further enacted, that any provision waggon hereafter entered into public service shall carry one ton weight each, and a cart half that quantity, or if less, shall be paid according to the weight they carry, in case they fail through inability; and where any baggage waggon is found to have less than fifteen hundred weight, or a cart half that quantity, it shall be lawful for the waggon master of the brigade to which such waggon or cart may belong, and he is hereby required, to put as much provision into such waggon or cart as will make up the above weight; and no waggon master shall give a certificate for the service of any waggon or cart, until the time of entry into actual service be proven on oath, except the time is known to the waggon master, and no certificate shall be given for more than two days previous to entering into actual service; and if any waggon master shall offend herein, he shall be liable to a prosecution for the breach of his oath, and shall be further liable to pay a fine of two thousand pounds, to be recovered and applied as other fines in this Act are directed.

XXXV. And be it further enacted, by the authority aforesaid, that where any complaint shall be made against any officer of the militia, the commanding officer, if the complaint be not against himself, if so, the next officer in command, shall cause a court martial to be called, which shall consist of one or more of the field officers, and at least the majority of

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the captains of the regiment, who shall hear the charges and all allegations made against any officer or officers, provided such be made upon oath, and a notice of ten days at least given to the party complained against; and if such complaint shall appear to be well founded, and to warrant a removal of such officer, the said court martial shall and may sentence such person accordingly, and at the same time recommend a proper person to succeed such officer: The president of the court shall make return of the said proceedings to the brigadier, and if the same be approved of by him, then the commanding officer of the county shall proceed to procure a commission from the Governor for such person so recommended.

XXXVI. And be it further enacted, by the authority aforesaid, that every captain who shall go on actual service shall give a receipt to the colonel of his county, or the quarter master, for all arms and other articles furnished his company going into actual service; in case such articles are not returned, the captain shall be accountable for the same, or the value thereof, unavoidable accidents excepted.

XXXVII. And be it further enacted, by the authority aforesaid, that the captain or commanding officer of each company shall make a return of all delinquents that he may know to be lurking within the limits of his command to the colonel or commanding officer of his county, who shall immediately proceed against them according to law; and every officer who shall refuse or neglect to do the duties by this Act required, shall for every such neglect or refusal forfeit and pay the sum of one thousand pounds; to be recovered by action of debt, before any jurisdiction having cognizance thereof, to be applied as other fines by this Act are directed.

XXXVIII. And be it enacted, by the authority aforesaid, that any sergeant to whom a warrant shall be directed by his colonel or commanding officer, who shall fail or neglect to execute the same, shall forfeit and pay the sum of one hundred pounds, to be recovered and applied as other fines by this Act directed.

XXXIX. And be it further enacted, that if any number of men not exceeding thirty, or less than fifteen, shall form themselves into a company of horse, accoutring each and every man thereof with a gun, sword, and cartouch box, under the command of a captain, lieutenant, and cornet, it shall and may be lawful for such company, first signifying the same to the colonel of the county to which they belong, at the same time recommending the officers for the said company, to obtain from the Governor, to whom the colonel commandant of the county in which they reside is hereby required to signify the same, commissions for the said recommended officers, and thenceforth, as long as the said company may continue, shall be exempt from all foot service whatsoever; and when on service the captain shall have and receive thirty six pounds per day, lieutenant twenty eight pounds, and cornet twenty four pounds. Provided nevertheless, that the said company shall be as much subject to the command and orders of the colonel of the regiment to which they may belong, as any company of foot within the same.

XL. Whereas the Court House in Rowan County is situated upwards of forty miles from the northwest extremity of the said County, which renders it very inconvenient and disadvantageous to the inhabitants of that part of said County to attend at general musters: For remedy whereof, Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that from and after the passing of this Act, it shall and may be lawful for commanding officers of said County, whenever it shall be found necessary to hold a general muster,

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to order the district of the following captains to meet at Thomas Allison's, senior, plantation, Fourth Creek, viz. David Crawford, D. Caldwell, Patrick Morrison, James Furviance, Galbreath Falls, Jacob Nichols, Samuel Reed.

XLI. And be it further enacted, that it shall not be lawful for the commanding officer of said County to order the abovesaid districts to meet at the Court House of said County, unless it may be absolutely necessary to call the whole regiment together.

XLII. And be it further enacted, that it shall and may be lawful for the commanding officer of said county, when he orders a general muster of said district, to order one or more of the field officers of the said County to attend the same, and there hold a court martial to try and determine all matters and things, in as full and ample manner as any other regimental court martial in this State.

XLIII. And be it further enacted, that every former act or acts, which come within the meaning of this Act, shall be, and the same are hereby declared to be repealed and made void. Provided nevertheless, that all penalties for offences against the late militia law shall apply, remain, and be recoverable, in the same manner as if this act had never been made.

CHAPTER II.

An Act to reduce the six Continental Battalions belonging to this State to four, to compleat the said four Battalions, and for other purposes therein mentioned.

I. Whereas the honourable the Congress have resolved that the Continental Battalions belonging to this State shall be reduced to four, and have requested that the said battalions be immediately compleated; and as it has been found impracticable to fill up the same by the common mode of recruiting, and the pressing necessity for their being immediately compleated being evident, recourse must be had to other methods for effecting the same:

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the said six battalions be, and they are hereby reduced to four.

III. And be it further enacted, by the authority aforesaid, that two thousand seven hundred and twenty four men shall be raised from the militia of this State to compleat the said battalions, in the following manner: The colonel or commanding officer of each and every battalion is hereby directed to order the field officers and captains of his battalion to meet at the place by law appointed for the general muster of his said battalion, or at some other convenient place, on or before the twentieth day of March next, and the field officers and captains shall then and there divide the said battalion, officers and men of every rank included (his excellency the Governor, Judges of the Superior Courts of Law, Continental Delegates, Attorney General, and Public Secretary, excepted) into classes of fifteen men, after deducting all such who, by themselves or substitutes, faithfully served for the space of nine months, agreeable to Act of Assembly passed at Newbern in May, one thousand seven hundred and seventy eight, and who shall produce their discharge, regularly and fairly obtained, to the commanding officer of the battalion to which they respectively belong, and all such as were captured and made prisoners when in the actual defence of the United States, and are now on parole, or prisoners with the enemy; provided that this Act shall not be construed

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so as to exempt any persons who have served or hired substitutes under an Act passed at Smithfield in May, one thousand seven hundred and seventy nine, or any other Act not herein mentioned, such Acts not having exempted any person from military duty in cases of actual invasion or insurrection: And whereas it may happen that a number not sufficient to make a class may be left after dividing the battalions into classes of fifteen, then, and in that case, it shall be lawful for the said commissioned officers, field officers and captains, by lot, to determine what men shall be of the said number, and to which class each of them shall be added, therein to stand a draft, provided the class to which he may belong do not produce a volunteer on the day of the general muster: And the colonel or commanding officer of each battalion of militia shall within fifteen days after such meeting order a general muster at the place by law appointed, or other convenient place, and is hereby authorized there to offer a bounty of three thousand pounds to every able bodied man, over and above a bounty of three barrels of corn for his wife, and two for each of his children who shall be in his family, and shall be under ten years of age, such corn to be delivered annually to his wife or assignee, or her order, by the commissioner of the county wherein she may reside, or by some other person appointed for that purpose, for and during the term the said volunteer or draft may continue in service, and the commissioner shall be allowed for the same in the settlement of his public accounts; the said three thousand pounds to be paid either in money or certificates upon the public treasury, bearing an interest of six per cent. per annum till paid, and free from taxation, and shall be a tender in payment of public taxes, the sum for which such certificates may be granted to be payable to the person to whom they are granted, or his assigns, within twelve months after the inlistment, to every able bodied man who shall inlist, or be drafted in the said Continental Battalions for the space of twelve months; and the said volunteers shall be subject to the same rules and discipline, and have the same pay and rations, as the Continental troops belonging to this State, from the day of their being inlisted: And in case a sufficient number of volunteers do not then inlist, the commanding officer shall immediately order one man to be drafted from each of the classes which have failed to produce a volunteer; and each of the men so drafted shall be intituled to receive the same bounty, pay and rations as if they had inlisted, and shall be obliged to serve in the Continental Battalions of this State for the same term, and be subject to the same rules and discipline, as the said volunteer, or produce an able bodied substitute on the day, and at the place appointed by this law for the district rendezvous; which substitute on being approved of by the field officer delivering, and the Continental officer receiving him, shall be intitled to the bounty, pay and rations, and shall be obliged to serve for the same term, and be subject to the same rules and discipline, as the said drafted man would have been, had he not hired such substitute; all the taxable property within the district of each battalion, whose owners are neither in the Continental service or liable to be classed as by this Act directed, shall be subject to a tax of three pounds upon every hundred pounds value of the same (the property of orphans excepted) an exact list of the names of the owners of which property shall be returned by the respective captains and commanding officers of the companies of each battalion to the collectors and county treasurers aforesaid, on or before the twentieth day of April next.

IV. And be it further enacted, by the authority aforesaid, that the collectors of the pecuniary tax in the respective districts, collect and pay

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into the hands of the county treasurers, all the tax payable by virtue of this Act, on or before the first day of October next; and any collector who shall fail to collect the aforesaid tax, or to pay the same to the treasurers of the respective counties, and the county treasurer neglecting to pay the same to the respective district treasurers, shall forfeit double their commissions.

V. And be it further enacted, by the authority aforesaid, that every person who shall voluntarily inlist himself into the Continental service during the war, shall be intitled to have and receive as a bounty the sum of two thousand pounds, to be paid in the same manner as the three thousand pounds herein before directed to be paid as a bounty to such persons as shall voluntarily inlist or be drafted into the Continental service for the space of twelve months, to be paid him on the day upon which he shall arrive at the place of general rendezvous appointed for the troops raised in the district wherein such person shall so inlist, and be intitled to the same clothing as the Continental soldiers now in the service of the United States are intitled to; and every person inlisting in the war as aforesaid, upon his producing a certificate of having so served from the colonel of the regiment to which he belonged, shall be intitled to have and receive, as a recompence for such service, one prime slave, or the value thereof, and six hundred and forty acres of land, under the same rules and restrictions as the additional bounty given to soldiers inlisting in the Continental service under the Act for that purpose passed the first session of the present General Assembly, that is to say, no disposition or transfer of lands or negroes by this Act allowed to drafts or volunteers, made by the said drafts or volunteers during the time of their service, shall be in any wise good, except where they shall transfer or dispose of the same by will; and in case any of the said drafts or volunteers shall die intestate before the expiration of the time of their inlistment, the said negroes and lands to which they are intitled respectively, shall go and descend to their legal representatives.

VI. And be it further enacted, by the authority aforesaid, that the men so raised shall rendezvous on or before the twenty fifth day of April next at the following places, to wit, those from the district of Salisbury at Salisbury, from the district of Hillsborough at Hillsborough, from the district of Edenton at Edenton, and Halifax at Halifax, from the district of Newbern at Smithfield, and Wilmington at Duplin Court House, unless otherwise ordered by the brigadier general of the respective districts; and in case any of the said volunteers and drafts should fail to appear at the day and place appointed for the district rendezvous, or at any time, place or places, that may hereafter be appointed by the commanding officer for the time being, they being considered by this law as Continental soldiers from the day of the drafts or inlistments, shall be treated as deserters by a court martial composed of Continental officers.

VII. And be it further enacted, by the authority aforesaid, that any volunteer or draft faithfully serving, either by himself or substitute, the aforesaid term, shall be exempted from all drafts whatever for twelve months from the date of his or his substitute's discharge, provided it be certified on the back of said discharge, by the commanding officer of the militia battalion to which such volunteer or draft belonged at the time of his entering the said service, that he has reason to believe the said volunteer or draft has faithfully served as aforesaid, and been legally discharged; and in case of the death of any of the said volunteers, drafts or substitutes,

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when in the service of this State, their families shall be provided for in the same manner as during their service.

VIII. And be it further enacted, by the authority aforesaid, that if any person shall harbour, conceal or abet, any soldier deserting from the Continental army, the person so harbouring, concealing or abetting, such soldier, where the circumstances of such harbouring, concealing or abetting furnish a sufficient presumption that the person so harbouring knew him to be a deserter, on conviction before three justices of any county in this State, shall be deemed a Continental soldier during the war, and shall serve in one of the battalions belonging to this State, or deliver an able bodied substitute to the commanding officer of the militia battalion of the district wherein he resided at the time of his so harbouring, concealing or abetting, any Continental deserter as aforesaid, or to the commanding officer of the Continental battalion to which he may be turned over; and in case the person so harbouring, concealing or abetting, such soldier, and convicted as aforesaid, should not be sufficiently able bodied to serve as a soldier, and should neglect to deliver an able bodied substitute to the commanding officer of the militia battalion as aforesaid within ten days after such conviction, or being able bodied should abscond, or having joined the Continentals belonging to this States should desert, the commanding officer of the said militia battalion is hereby authorized and commanded to hire a substitute in the stead of the person not being able bodied, and neglecting to deliver a substitute as aforesaid, or being able bodied, and absconding or deserting, and to cause the hire and expence of such substitute to be levied by warrant under his hand and seal on the goods and chattels, lands and tenements, of the person so offending.

IX. And be it further enacted, by the authority aforesaid, that the captains shall return descriptive lists of the volunteers and drafts raised in and from the several classes apportioned to them to their colonel or commanding officer within two days after such draft, therein specifying the name, size, age, complexion, and occupation, of the men so raised, and also the name of the captain from whose company they were taken; and the said commanding officer shall make two fair copies of such descriptive lists, one of which, by him or one of his field officers, to be delivered with the men so raised, on or before the twenty fifth day of April next, at the district rendezvous, to the Continental officer, or other person appointed to receive and take charge of the said men, and shall take a receipt for the delivery of the men on the other, and shall then take a descriptive list, of all substitutes there offered by drafted men of the battalion to which he belongs, and approved by the persons appointed for that purpose; one fair copy of which list he is required to deliver with the said substitutes to the Continental officer, or other person appointed to receive and take charge of the said men, and shall take a receipt for the said substitutes, in like manner as for the said drafts; and one other fair copy of the descriptive list of such substitutes, together with receipts for the volunteers, drafts and substitutes as aforesaid, shall be returned to, if not taken by, the militia colonel or commanding officer of the battalion.

X. And be it further enacted, by the authority aforesaid, that the commanding officers of the battalions shall send a list of the volunteers, drafts and substitutes, to the brigadiers general of their respective districts, within fifteen days from the district rendezvous; and the brigadiers general shall, within one month from the receipt of such list, transmit copies thereof to his excellency the Governor for the time being.

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XI. And be it further enacted, by the authority aforesaid, that each and every person who shall voluntarily enter or be drafted into the said service, or be received as a substitute by the persons appointed for the purposes aforesaid, shall be intitled to have and receive two pair of shoes, two pair of stockings, two shirts, two stocks, one pair of breeches, one pair of overalls, one waistcoat, one coat, one hunting shirt, one blanket, and one hat; which cloathing shall, if possible, be delivered to each volunteer; draft and substitute, on the day and place of the district rendezvous, or as soon after as they can be made up.

XII. And in order to procure the cloathing afore mentioned, Be it enacted, by the authority aforesaid, that every class shall furnish, provide and deliver, to the colonel or commanding officer of the battalion to which such class belongs, two pair of good strong shoes, one pair of good warm yarn or cotton stockings, one pair of good thread or cotton stockings, two good and strong linen shirts, two black leather stocks, one pair of good buckskin or good thick and strong woollen cloth breeches, one pair of good and strong linen overalls, one waistcoat of good thick and strong woollen cloth lined with linen, one coat of the same with the waistcoat lined with linen, with capes and cuffs of blue cloth of the same quality, one good and strong hunting shirt with a blue linen cape, one good and well made wool hat, for the volunteers, drafts or substitutes, of their own class, and in proportion to the assessment of their taxable property for the year one thousand seven hundred and eighty; and the colonel or commanding officer is hereby required to cause the said clothing to be appraised by two freeholders, and to give certificates to the persons furnishing the same, which shall be received in payment of taxes; and in case any class should fail to deliver the same to the colonel or commanding officer of the battalion to which the said class belongs within twenty days after the day of general muster of the battalion as aforesaid, the commanding officer is hereby authorized and commanded to appoint a proper person or persons to purchase said articles of cloathing, and by warrant under his hand and seal to levy the cost and expence attending the purchasing the same in due proportion to their taxable property aforesaid.

XIII. And be it further enacted, by the authority aforesaid, that the colonel or commanding officer who may attend at the district rendezvous take proper methods to have the cloathing at the said rendezvous, and see it delivered to the soldiers for whom it may be provided; and the County Commissioners are hereby required to deliver, by order of the commanding officer of the county battalion, to the soldiers raised as aforesaid, rations sufficient to serve them to the district rendezvous, allowing fifteen miles for a day's march.

XIV. And be it further enacted, by the authority aforesaid, that every militia officer employed in carrying this Act into execution, shall be allowed full pay and rations for every day of actual service: And each and every militia officer neglecting or refusing to do any or every of the duties by this Act required, shall forfeit a sum equal to three months pay, to be collected in the same manner as fines and forfeitures inflicted by the militia laws are collected; which fines and the money arising from such forfeitures shall be immediately paid to the county treasurer for the use of the county.

XV. And whereas it may happen that some counties of this State may be prevented by means of invasion from making the draft hereby directed to be made on the time aforesaid, Be it further enacted by the authority aforesaid, that if any of the counties of this State shall be prevented by

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invasion thereof from making the said draft on the time aforesaid, in that case the commanding officer of the battalion of such counties shall make the draft as soon as the said hindrance shall be removed; saving in all cases to persons who may at the time of such draft be in the actual militia service of this State, all penalties for failing to appear as drafted soldiers during the continuance in the said militia service. Provided that such drafted soldier shall make his appearance at headquarters and deliver himself to a Continental officer within forty days after the expiration of his said service.

XVI. And be it further enacted by the authority aforesaid, that all persons liable to militia duty, and who have resided ten days in any part of this State before the day of drafting, shall be considered as liable to stand draft, and subject to the operations of this Act, and that any militia man who shall after the passing this Act, and before the day of drafting, absent himself, or remove with intent to evade the operations of this Act, shall be held and deemed a Continental soldier for twelve months from the day he may be taken thereafter, and the real and personal estates of all such persons shall be liable to be sold by the colonel of the county, or so much thereof as will be sufficient to procure a Continental soldier for the term of twelve months, in the room and stead of such person so removing; and that any draft, volunteer, substitute, or other soldier, under this Act, deserting or failing to appear when called on, shall be held and deemed a Continental soldier during the war. Provided, that refugees from Georgia and South Carolina shall not be considered as within the meaning of this Act.

XVII. And be it further enacted, by the authority aforesaid, that James Coor and William Pasteur be appointed commissioners to print, or cause to be printed or written, three thousand five hundred certificates of seven thousand five hundred dollars each, of the following form, viz. 'State of North Carolina. This may certify that the bearer is intitled to seven thousand five hundred dollars, to be paid out of the public treasury of this State, with six per cent. interest at any time after the first day of March, in the year one thousand seven hundred and eighty two, agreeable to Act of Assembly. Given under my hand this —— day of —— one thousand seven hundred and eighty one.' And shall in the most frugal and expeditious manner deliver, or cause to be delivered, the said certificates to the several district treasurers on or before the first day of April next, in the proportions following, that is to say, to the Treasurer of the district of Newbern five hundred, Wilmington five hundred, Salisbury nine hundred, Hillsborough six hundred, Halifax five hundred, and the remaining five hundred of the said certificates to the Treasurer of the District of Edenton, taking receipts for the same: And the said Commissioners shall, previous to their entering on the printing or writing the same, take an oath not to print or write, or cause to be printed or written, any greater number of certificates than are hereby directed to be printed or written; and the treasurers of each district are required to attend in person, or otherwise, at the place of general rendezvous in their respective districts, and after signing the said certificates, to deliver one of them to each volunteer and draft who by virtue of this Act shall appear at such place of rendezvous, taking a receipt from each individual, for which trouble and expence the said treasurers shall be allowed in the settlement of their public accounts: And the Treasurer of the District of Newbern shall advance to the said Commissioners the sum of three thousand pounds out of the public treasury, to enable them, if necessary, to hire expresses, and purchase

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paper, for the purpose of procuring and delivering the said certificates as directed by this act; for which sum the said Commissioners shall account with the board of auditors, who are hereby directed to allow them a reasonable compensation for their services and expences in performing the several duties required of them by this Act.

XVIII. And be it further enacted, by the authority aforesaid, that whosoever shall by printing, writing, engraving, or by any other way or means, pass or counterfeit or attempt to pass or counterfeit, any of the certificates by this Act directed to be granted, or any part, word or letter, name, emblem or device of the same, or shall make or construct any die, press, type, or other instrument, for imitating any of the said certificates, or any part, word, letter, name, emblem or device thereof, or shall alter or deface any of the said certificates with intent to change the value or denomination thereof, or shall knowingly pass or utter any counterfeit likeness of any of the said certificates, being thereof lawfully convicted by confession or verdict, or on arraignment or trial shall stand mute, or challenge peremptorily more than thirty five jurymen, every such person shall receive judgment of death, without benefit of clergy, and shall suffer as in case of felony.

CHAPTER III.

An Act for appointing District Auditors for the settlement of public Claims.

I. Whereas the claims against this State are too numerous to be settled by the present Board of Auditors in any reasonable time, and whereas it is necessary that the same should be immediately settled;

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that a Board of Auditors be constituted and appointed for each of the Districts of Newbern, Wilmington, Hillsborough, Halifax, Edenton, and two for the District of Salisbury, each board to consist of three members, to be respectively composed of the following persons, and a secretary: James Coor, Benjamin Exum, and John Hawks, Esquires, for the District of Newbern; Francis Lucas, Wm. Dixon, and Thomas Sewell, Esquires, for the District of Wilmington; Memucan Hunt, Ambrose Ramsay, and John Taylor, Esquires, for the District of Hillsborough; John Macon, Henry Montfort, and Goodwin Davis, Esquires, for the District of Halifax; Lawrence Baker, Edward Everigin, and Wm. Righton, Esquires, for the District of Edenton; Anthony Bledsaw, Ralph Humphreys, and Jesse Walton, Esquires, of one board, Matthew Lock, Benjamin Cleveland, and David Wilson, Esquires, for the other board of the district of Salisbury; and the Secretary of each board is to be appointed by it: And such auditors shall have, and are hereby vested each board in their respective districts, with full power and authority finally to settle and adjust all claims against the State for articles heretofore furnished or impressed for the use thereof, at the following prices, viz. For every pound of fresh beef one pound twelve shillings, three years old stears or barren or dry cows each four hundred and forty pounds, four years old stears five hundred and sixty pounds, five years old stears six hundred and forty pounds, six years old stears and upwards seven hundred and twenty pounds, salt beef per barrel eight hundred pounds, salt pork per barrel one thousand pounds, each good sheep one hundred pounds, wheat per bushel forty five pounds, flour per hundred weight one hundred and thirty five pounds, oats per bushel twenty four

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pounds, oats in the sheaf each sheaf two pounds, rye per bushel forty pounds, hay and corn blades per cent. each thirty pounds, bran per bushel six pounds eight shillings, brandy per gallon eighty pounds, whiskey per gallon sixty pounds, cyder per barrel one hundred pounds, brown sugar per pound sixteen pounds, molasses per gallon fifty pounds, butter and cheese per pound six pounds, bacon per pound six pounds, dried beef per pound four pounds, hire of a single horse per day ten pounds, waggon without a team per day ten pounds, waggon with geer per day twelve pounds ten shillings, cart without a team per day five pounds, clean rice per hundred weight one hundred and fifty pounds, rough rice per bushel thirty pounds, shoeing a horse each shoe fourteen pounds, pasturing each horse twenty four hours two pounds, feeding a horse, each feed two pounds, pot iron per pound eight pounds, bar iron per pound eight pounds, dieting a soldier each diet four pounds. In the counties of Rowan, Mecklenburg, Lincoln, Rutherford, Burke, Anson, Montgomery and Richmond, for corn per bushel forty pounds, rum per gallon one hundred and twenty pounds; in the District of Salisbury, for salt per bushel six hundred and forty pounds; in the Districts of Halifax and Hillsborough, for salt per bushel, five hundred pounds; in any other part of the State for salt per bushel four hundred pounds, corn per bushel thirty pounds, rum per gallon one hundred pounds; and when in any claim presented there shall be articles charged not heretofore mentioned, the auditors are hereby vested with full power and authority to allow such prices as to them shall appear just, having regard to the prices as before mentioned, and issue certificates indented and numbered for whatever sum or sums shall appear justly due to the several claimants; which certificates shall be signed by two members of the board from whence it issues, and be countersigned by the secretary, and certificates thus attested shall be deemed, and are hereby declared lawful vouchers for the sheriffs, tax gatherers, and treasurers, in the settlement of their public accounts, and the sheriffs and tax gatherers are hereby directed to receive them in the payment of public taxes; and the said boards shall sit at the most convenient places within their respective districts, at their discretion: And that the several boards meet as soon as possible after the ratification hereof, and continue to sit, if they shall find it necessary, until the first day of May next, for the purposes aforesaid, and no longer; and that immediately after the first day of May each board is hereby directed and required to transmit by their secretary, to the present Board of Auditors the counter part of the certificates by them issued, together with the accounts they have passed, with the vouchers. Provided nevertheless, that if any one of the said Boards of Auditors shall by invasion, or other cause, be prevented from sitting to adjust the claims of their district within the time before mentioned, it shall be lawful for the said board to sit for the same purpose at any other time or times when they can do the same with safety.

III. And the better to carry this Act into execution, Be it enacted, that the sum of six thousand pounds be paid to each board by the treasurer of each district, for the purpose of purchasing stationary, paying for house rent, &c., and if a balance should remain in their hands, it shall be applied to the pay of their service (such receipt to be a sufficient voucher to the treasurer) and that the same sum be allowed to each member of these district boards, and to their respective secretaries, per day, as is allowed to the present auditors and their secretary; and on the first day of May as aforesaid, the respective district boards are directed and required to transmit by their secretary as aforesaid, an exact account of the expenditures

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of their board, as well as the account against the public for their services, giving credit for such sums as they may have received from the treasurers: And the present Board of Auditors are hereby impowered to settle such accounts so offered, and to issue certificates for the balance, which certificates shall be sufficient vouchers for the sheriffs and treasurers in the settlement of their accounts.

IV. Be it enacted, in case of refusal, death or removal, of any auditor appointed by this Act, that it shall and may be lawful for such vacancy to be filled by two acting members of such board, or in failure thereof, by the representatives of the same county in which the person so refusing, dying or removing, resides, or may have resided; and that each auditor and secretary shall, before they enter upon the execution of their office, take the following oath:

I, A. B., do swear, that I will faithfully execute the trust reposed in me to the best of my skill and judgment, without prejudice or favour. So help me God.

V. And whereas certificates issued in consequence of this Act may be as liable to be counterfeited as the present currency of this State, and equally as pernicious to the State; Be it enacted that any person or persons issuing false certificates, or counterfeiting such as have been legally issued, shall be subject to the same and penalties as if they had been guilty of counterfeiting the currency of this State.

VI. And be it further enacted, that it shall not be lawful for any of the collectors of the pecuniary tax within this State to distrain for the same on any of the inhabitants of their counties who have just claims against the public until the first day of May next, any law to the contrary notwithstanding.

VII. And be it further enacted, by the authority aforesaid, that all purchases hereafter made for the use of the public, or on account of this State, shall be in specie, and certificates granted accordingly; which certificates are to be paid in specie, or the value thereof in the circulating currency, agreeable to the par of exchange at the time said certificates are paid; and all articles impressed, or otherwise entered into the public service, shall be valued in specie, and if lost by unavoidable accident, shall be paid for in the same manner as other articles furnished the public.

VIII. And whereas the present Board of Auditors have settled and allowed a number of claims since the sitting of the last Assembly, which ought to be reported agreeable to law, and as it may be necessary that the said claims be reconsidered, and the allowances made agreeable to this Act; Be it therefore enacted, by the authority aforesaid, that the present Board of Auditors may reconsider the claims already received, and issue certificates, in the same manner as is directed by this Act to the district auditors.

IX. And be it further enacted, by the authority aforesaid, that all certificates issued agreeable to this Act shall bear interest of ten per cent. and be free and exempt from taxation, in case the person to whom such certificate shall issue do retain the same in his own possession unpaid until the first day of March, which shall be in the year one thousand seven hundred and eighty two.

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CHAPTER IV.

An additional Act to an Act, intituled, An Act for securing the quiet and inoffensive inhabitants of this State from being injured, for preventing such property as hath or may be confiscated from being wasted or destroyed, and for other purposes; for continuing an Act, intituled, An Act for suspending the operation of an Act, for carrying into effect an Act commonly called the confiscation Act; and for directing and regulating elections in particular instances; and also for giving further time to surveyors to compleat their surveys.

I. Whereas it is found by experience that the first recited Act is insufficient to answer the purposes intended thereby, and since the passing thereof new abuses have arisen: For remedy whereof,

II. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the Commissioners of forfeited estates in each county, or for want of such the sheriff or coroner, and where there is no sheriff or coroner the county court, are hereby strictly enjoined to seize and take into their possession all such property as has been described in the said Act; and in case any person or persons should persist to retain the same in defiance of this and the foregoing Act, such commissioners, sheriff, coroner, or county court, as the case may be, shall call upon the commanding officer of the militia of the county for such aid as may be necessary to secure the quiet possession thereof; and every militia officer refusing or neglecting to act, when called upon in manner herein directed, shall forfeit and pay the sum of twenty thousand Pounds; to be recovered in any Court of Record, in the Name, and to the Use of the State. Provided nevertheless, That the Estates of all such Persons as have been heretofore in Arms against, and are now on Service in Defence of this State, and who shall continue therein so long as to compleat the Term of Eighteen Months actual service from the time of their entering respectively, and also the Estates of all such persons who having joined the enemy, may return and serve in the Army of this State, agreeable to a Resolve of this General Assembly, shall be suffered to be and remain in the peaceable Possession of the respective Families of all such Persons; any thing in this or any other Law to the contrary notwithstanding.

IV. And be it enacted by the authority aforesaid, That the Lands Tenements, Hereditaments, and Negro Slaves, shall be rented and hired out by public auction, to the highest bidder, for any Term not exceeding one year, and so from year to year, until the General Assembly shall direct otherwise; and the Horses shall be valued and put into the public service, and the Beef Cattle and Fat Hogs shall be delivered to the County Commissioners for public use; and all other Personal Property shall be secured and preserved as well as may be.

V. And whereas in many counties in this State, as it is asserted, divers bargains, contracts, sales, conveyances, and deliveries, have been made and entered into for property falling within the description in the said first recited Act, in order to evade the operation of the same Act; it is therefore hereby declared and enacted, that all such bargains, contracts, sales, conveyances, and deliverances, made and entered into since the expiration of the last session of the General Assembly (notwithstanding that the same may bear a prior date) shall be considered from the beginning as null and void, and made in direct violation of law; and all such property shall be

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liable to the same process and proceedings as if such bargains, contracts, sales, conveyances, and deliveries, had never been made.

VI. And whereas many avaricious and evil disposed persons, in direct violation of many Acts of the General Assembly, have made entries of lands which come within the confiscation Act, and have actually seated themselves thereon, and cut and destroyed large quantities of timber, and committed manifold trespasses: For remedy whereof, Be it enacted, by the authority aforesaid, that the commissioners of confiscated estates in each county, or for want of commissioners the sheriff or coroner, or where there is no sheriff or coroner, the county court, shall as soon as may be after the passing of this Act cause an exact account to be taken of all lands in their respective counties, supposed to come within the confiscation Act, where entries or settlements have been made, or shall hereafter be made, and transmit the same to the attorney general at the first Superior Court to be held for the district in which such lands lie, with a description as exact as possible of such entries, settlements, and other trespasses; and the Attorney General is hereby directed and enjoined to prosecute all such trespassers in the name of the State, by indictment, action of trespass and ejectment, or any of them, as he shall think proper; and the Judges of the Superior Courts are directed and impowered to give judgment upon such prosecution, in the same manner as if such lands had been conveyed to the State by the common mode of conveyance, and all the formalities of the law had been strictly observed.

VII. And be it enacted, by the authority aforesaid, that where any property confiscated to the State by any Act of Assembly hath been, or may hereafter be conveyed out of the county to which the same originally belonged, it shall be lawful for the commissioners of forfeited estates, the sheriff, coroner or justices of the county as aforesaid, to pursue and seize such property in manner as if the same had never been removed, any law or statute to the contrary notwithstanding.

VIII. And whereas an Act of Assembly passed at Hillsborough in August last, intituled, 'An Act for suspending the operations of an Act for carrying into effect an Act commonly called the confiscation Act, will expire at the end of the present session of Assembly, unless further continued; Be it therefore enacted, by the authority aforesaid, that the said Act, passed at Hillsborough as aforesaid shall continue and be in force until the General Assembly shall otherwise direct.

IX. And whereas in some parts of this State divers persons have since the first day of June last attached themselves to the enemies of this State and the United States and openly appeared in arms against the same, and if such persons are suffered at the next annual election to choose Representatives to sit in the next General Assembly it may be attended with the worst consequences to the safety of the State; Be it therefore enacted by the Authority aforesaid, That all such Persons are hereby declared to be disqualified from voting for Members of the General Assembly, either at the annual or any other Election, of which the Judges and Inspectors of the Poll in every county are hereby directed to take due Notice.

X. And whereas from divers causes it may happen that there may not be either Sheriff or Coroner in some counties of this State to take and make return of Elections for Members of the General Assembly; Be it therefore enacted by the authority aforesaid, That where there shall not be either Sheriff or Coroner to take the Poll at the annual or any other Election, it shall be lawful for three Justices of the Peace to appoint some reputable Freeholder to hold the Election, with the same powers, directions and

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restrictions, as Sheriffs by Law are invested with and subject to, and such Elections so made shall be as valid as if taken and held by the Sheriff or Coroner.

XI. And be it further enacted by the authority aforesaid, That the Surveyors of the several counties within this State shall be allowed a further time of twelve months from the passing of this Act to compleat their Surveys and make their returns to the Secretary's Office.

CHAPTER V.

An Act to Establish a Council Extraordinary.

I. Whereas it is absolutely necessary, in the present state of public affairs, to continue a council extraordinary, to advise with the Governor in all cases whatsoever;

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that three persons of integrity and abilities, such as the General Assembly can place the greatest confidence in, be elected by joint ballot of both houses who shall be, and they are hereby constituted a council extraordinary to advise with the Governor in all cases whatsoever.

III. And be it further enacted, by the authority aforesaid, that it shall and may be lawful for the Governor or commander in chief for the time being, by and with the advice of the said council extraordinary or any two of the members thereof, to take, pursue and execute, all and singular the powers and authorities heretofore vested in the board of war and council of State; to call upon the commercial agent, the commissioners of trade, the county commissioners, the commissioners of stores, quarter masters and all other persons possessed of public property belonging to this State, for any stores or other articles necessary for carrying on military operations; to appoint or suspend occasionally all militia officers, county commissioners, quarter masters, commissaries and all officers in the staff department; to draw on the treasury and the commissioners of trade for public monies; and finally to do and execute every other act and thing which may conduce to the security, defence and preservation, of this State; and the said council may exercise all other the rights, powers and authorities, which the council of state might have exercised in a state of war.

IV. And be it further enacted, by the authority aforesaid, that the said council extraordinary be, and they are hereby impowered to appoint a secretary to the said council and make him a proper and reasonable allowance for his services; who shall keep a register or journal of all the proceedings of the treasurers and lay the same before the next General Assembly.

V. And be it further enacted, by the authority aforesaid, that there shall be paid to each of the members of the said council extraordinary two hundred pounds per day while attending the duties of their appointment for their respective services enjoined them by this Act, by any of the treasurers, out of the public tax, which shall be allowed such treasurers in their accounts with the public.

VI. And be it further enacted, by the authority aforesaid, that in case any of the members of the said council of extraordinary should die, remove out of this State, with design to settle without the limits thereof, or refuse to undertake the duties of his appointment, it shall and may be lawful for the Governor or commander in chief for the time being, by and with the advice

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of the other acting members of the said council, to appoint some other person or persons in the room and stead of such member or members so dying, removing, or refusing to act; who shall on accepting such appointment, be invested with all the powers and authorities, and entitled to the same emoluments, that any of the members of the said council elected by the General Assembly under this Act are vested with and intitled to.

VII. And be it further enacted, by the authority aforesaid, that an act of Assembly passed last session, intitled, “An Act for establishing a board of war, and other purposes,” to be, and the same is hereby repealed and made void.

VIII. And be it further enacted, by the authority aforesaid, that this act, and every clause and article thereof, be, and continue in force until the end of the next session of the General Assembly, and no longer.

CHAPTER VI.

An Act to vest the executive powers of the government in the present Governor, and to continue the delegates from this State to the Continental Congress after the fifteenth day of April next on the contingency therein mentioned, and for other purposes.

I. Whereas the constitution or form of government directs that the General Assembly at their annual meetings, shall choose a Governor, council of State, and Continental delegates, and this State being now invaded by the enemy in different quarters, the operations of the war may make it impracticable to hold the annual elections, and impossible for the General Assembly to meet at the usual time; and whereas it is absolutely necessary for the public safety that the executive powers of the State be exercised in the usual manner, in case the annual assembly cannot meet so as to choose a Governor, council and delegates, agreeable to the constitution.

II. Be it therefore enacted, by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same that in case the annual General Assembly cannot meet or be convened, so as to exercise the powers vested in them by the constitution, and choose a Governor, council and delegates, on the fifteenth day of April next, then and in that case, (not otherwise) the executive powers of a Governor and council shall be vested in Abner Nash, Esq., the present governor (with the title of governor and commander in chief) and the council extraordinary, until the next General Assembly which shall be held after the said fifteenth day of April next, with all the powers, authorities, privileges and exemptions, to which the Governor and council are entitled under the constitution, and any act or acts of the Assembly; and that the present delegates appointed to represent this State in the Congress of the United States, or any of them, be hereby authorized to exercise the same powers with which they are now invested after the said nineteenth day of April, provided that no new choice of delegates shall be made by the General Assembly before that date, but not otherwise.

III. And be it further enacted, by the authority aforesaid, that in case the General Assembly should not meet at the time and place which hath or may be appointed, the Governor or commander in chief for the time being, with the advice of the council extraordinary, is hereby authorized and impowered to convene the said General Assembly at any other time, and to any other place, which may be thought absolutely necessary for the safety of the State.

IV. And whereas in case of the death, absence, or incapacity, of the person

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hereby nominated and appointed to exercise the powers of Governor on the contingency aforesaid, the executive powers of the State will become dormant, unless further provision is made by this Act: To prevent which, Be it enacted, by the authority aforesaid, that if by virtue of this Act the powers of a Governor should devolve on the said Abner Nash, Esq., for want of a constitutional choice of Governor on the fifteenth day of April next, as aforesaid, and the said Abner Nash should die, remove, or be otherwise rendered incapable of exercising the powers of government, then, and in that case, the members of the council extraordinary, with any two of the continental delegates of this State who may then be actually residing therein, shall, and they are hereby required, by a majority of votes, to choose some other person to exercise the powers of a Governor, and so, from time to time, as occasion shall require; and such person so chosen to act as Governor shall be vested with the same powers and authorities, as if he had been particularly named in this Act.

V. And whereas it is absolutely necessary to prevent the exportation and transportation of provisions, by land or water; Be it enacted, by the authority aforesaid, that it shall not be lawful to export, or in any wise remove out of this State, any kind of provisions, until the end of the next session of the General Assembly, excepting such quantities as may be necessary for victualling the crew of any vessel going on a voyage or cruize, unless permitted by his excellency the Governor, by and with the advice of the council extraordinary; and in case any person shall remove, or attempt to remove out of this State, any kind of provisions, other than is hereby allowed and permitted, it shall be lawful for the naval officer, the sheriff of the county or any other officer, to seize all such provisions, together with the vessel, or other conveyance wherein the said provisions may be, all which articles are hereby declared forfeited to, and for the sole use of the State, and the owner of such provisions as aforesaid shall be further liable to pay the sum of five thousand pounds currency, to be recovered in any court of admiralty, or other court of record in this State, and applied to the use of the informer; and the owner aforesaid shall also be liable to the costs of the court where the same may be tried.

CHAPTER VII.

An Act for encouraging the importation of Arms, Ammunition and other warlike stores, and other purposes.

I. Whereas it is absolutely necessary that this State should be constantly and effectually supplied with arms, ammunition, and other warlike stores;

II. Be it therefore enacted, by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that from and after the first day of April next, all vessels belonging to this or the United States, coming from foreign ports unto any ports in this State with an intention to trade, shall be subject to a duty, payable to the commissioner of the port to which they arrive, of five shillings in specie, or the value thereof in circulating currency, for every ton of their burthen, the tonnage of all vessels to be computed according to their real dimensions, for the ascertaining whereof the master of each vessel shall deliver to the commissioner on oath the length of keel, breadth of beam, and depth of hole of his vessel. Provided nevertheless, that vessels bringing arms, ammunition and other warlike stores, for the use of the State, into any of the ports thereof and shall deliver them as hereafter directed to the commissioners appointed to receive them, shall for every three Spanish milled dollars value

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in the articles aforesaid, original cost in the port from whence they arrive, be exempted from the duty upon one ton of their burthen to-wit, five shillings specie as aforesaid, and so in proportion for the whole of the articles aforesaid which they may bring; and should the arms, ammunition, and other warlike stores, which such vessels may bring, amount to more than will intitle them to an exemption from the duty of tonnage, in that case the importer shall be allowed and intitled to receive a bounty of five shillings specie, or the value thereof in circulating currency, for every Spanish milled dollar's value, at the original cost which the surplus may amount to, payable out of the fund arising from the duty aforesaid.

III. And be it further enacted, by the authority aforesaid, that the masters of all vessels coming into any of the ports of this State with an intention of trading, shall previous to their breaking bulk, and before their entry at the naval office of the port, make report to the commissioner of what arms, ammunition, or other warlike stores, they have brought for the use of the State, and produce an original invoice thereof upon oath; and if the goods were bought in any of the ports of the West Indies, the commissioner is hereby directed and impowered to allow one hundred and fifty per cent. advance upon such invoice; but if the goods were bought in any of the ports of Europe, the said commissioners is hereby impowered and directed to allow three hundred per cent. advance upon the invoice so produced; and after receiving the articles agreeable to invoice, to give a certificate or draft for the amount, payable in specie or the value thereof in currency to be ascertained by two indifferent persons residing at the place of importation, mutually chosen by the parties, upon the treasurer of the district, to whom such certificate shall be a voucher in passing his accounts, and shall be allowed accordingly; but if the treasurer has it not in his power immediately to pay and discharge the certificate so drawn, then the proprietor of such arms, ammunition, &c., shall be at liberty to dispose of them as he thinks proper, and shall moreover be exempted from the duty, or intitled to the bounty, in proportion to the quantity, as the case may be; and the commissioners upon receiving the duties, arms, or ammunition and other warlike stores, as by this Act directed, are to certify the same to the naval officer of the port in writing, without which certificate being produced to him, he shall suffer none of the vessels herein described to enter at his office.

IV. And be it further enacted, by the authority aforesaid, that Charles Johnston is appointed for the port of Roanoke; William Ferrebee, Jun., for the port of Currituck; William Brown, for the port of Bath; James Coor, for the port of Beaufort; for the port of Brunswick William Hill, with, full powers to administer the oaths by this Act required; and they shall each respectively make monthly returns to his excellency the Governor, or such other person or persons as may be hereafter appointed to receive the same, and shall also keep a regular account of all their transactions, ready to be laid before the General Assembly when called for; and for the performing their duty herein, they shall be intitled to draw and receive a commission of five per cent, on all duties received, and all certificates or drafts upon the treasurer.

CHAPTER VIII.

An Act to enlarge the powers of the Quarter Master General.

I. Whereas it is necessary that the powers of the Quarter Master General and of his deputy, should be competent to the purpose of their appointments;

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II. Be it enacted by the General Assembly and by the authority of the same, That the quartermaster-general, or his deputy, within this State shall have full power and authority to draw out of the hands of any person or persons, holding public monies, a sum of money not exceeding five hundred thousand pounds, to be applied to the purchasing necessaries for the army.

III. And be it further enacted by the authority aforesaid, that in case such sum of money cannot be obtained, or persons possessed of the articles which in the quarter master's department the army may require shall refuse to sell them for the currency of the State, that then, and in that case, the quarter master or his deputy, as aforesaid, be, and is hereby impowered, to grant certificates to those of whom such purchase shall be made to the amount of the sums due; which certificates shall be payable in twelve months and shall bear interest at six per cent. and shall be received, with an allowance of depreciation from the time of the contracts until they are fully paid and satisfied.

IV. And be it further enacted, by the authority aforesaid, that in case any person possessed of the articles which the quarter master department shall require for the use of the army, should refuse either for the current money of the State or for certificates, to sell the same, that then, and in that case, the quarter master general, or his deputy, within this State, shall be impowered to impress the same, in the same manner as impressments are directed by the militia law, and to have them valued by two indifferent free holders; and shall, if the party requires it, grant certificates to the amount of such valuation, to bear interest, and be intitled to depreciation as aforesaid.

CHAPTER IX.

An Act to continue an Act, intitled, An Act to continue an Act, Intitled, An Act to amend part of an Act for emitting eight hundred and fifty thousand pounds in bills of credit, for discharging the debts incurred by this State in raising men to reinforce the batallions, belonging to this State in the Continental Army, for calling in all former emissions, and other purposes.

I. Whereas by the before recited Act the redemption of the bills of credit emitted under the authority of Congress at Hillsborough, in the year one thousand seven hundred and seventy-five, and those emitted under the authority of the Congress held at Halifax, in the year one thousand seven hundred and seventy-six, was postponed to the first day of May, in the year one thousand seven hundred and eighty, and the exigencies of the State require a further time for the redemption of the said emissions:

II. Be it therefore enacted, by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that the redemption of the said late emissions be further postponed until the fourth day of February, one thousand seven hundred and eighty four, and from thence until the end of the next session of the assembly.

CHAPTER X.

An additional Act to an Act, intitled, An Act concerning Servants and Slaves.

I. Forasmuch as by the laws of this State in all cases whatsoever where a slave has been guilty of a criminal offence which inflicts the punishment

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of death, and is tried and convicted thereof, many poor widows, orphan children, and other good citizens of this State, may be deprived of their chief, and perhaps only support, as the allowances heretofore made by law can in no case exceed the sum of seven hundred pounds: For remedy whereof:

II. Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, that when a slave shall hereafter be guilty of a criminal offence, for which such slave shall be condemned to suffer death, the court before whom the trial shall happen are hereby required to certify in writing under their hands, the value of the slave in the currency of the State at the time of trial; and the owner of the slave so condemned and executed shall be intitled to the one half of such valuation, to be paid out of the public treasury of this State, any custom or law to the contrary notwithstanding.

CHAPTER XI.

An Act to amend an Act, intitled, An Act to prevent the impressment of Boats, Waggons, Carts, and other Carriages, employed in carrying salt and for other purposes therein mentioned.

I. Whereas, through some omission in the above mentioned Act, the load of provisions carried in said waggons, carts or other carriages, was not included in said exemption from impressment, and whereas it is necessary that all kinds of produce or provisions carried for the purpose of purchasing salt only should be exempt as well as the carriages;

II. Be it therefore enacted by the General Assembly of the State of North Carolina, and by the authority of the same, that from and after the passing of this Act, every kind of produce or provisions carried for the purchase of salt only, as well as the salt, be exempt from impressment, in the same manner, and under the same regulations as the carriages.

CHAPTER XII.

An Act to continue an Act, intitled, An Act for quieting such persons as may suffer in their titles and claims of land, by reason of the extension of the boundary line between this State and the commonwealth of Virginia.

I. Whereas an Act, intitled, An Act for quieting such persons as may suffer in their titles and claims of lands, by reason of the extension of the boundary line between this State and the commonwealth of Virginia, which passed the last session of the Assembly, will expire, unless it be further continued;

II. Be it therefore enacted, that the same shall be, and is hereby continued, until the claims mentioned in the said recited Act shall be fairly heard, and finally determined, by the General Assembly of this State.

Read three times and ratified in General Assembly, the fourteenth day of February, 1781.